Ex Parte Sullivan - Page 2




             Appeal No. 2005-0806                                                          Page 2              
             Application No. 10/179,812                                                                        



                                               BACKGROUND                                                      
                   The appellant's invention relates to improved golf balls comprising multi-layer             
             covers which have a hard inner layer and a relatively soft outer layer (specification, p.         
             1).  A copy of the claims under appeal is set forth in the appendix to the appellant's            
             brief.                                                                                            


                   Claims 1 to 13 stand provisionally rejected under the judicially created doctrine of        
             obviousness-type double patenting over claims 1 to 8, 12 and 13 of copending                      
             Application No. 08/815,556.                                                                       


                   Claims 1 to 13 stand rejected under the judicially created doctrine of                      
             obviousness-type double patenting over claims 1 to 14 of U.S. Patent No. 6,623,3813.              


                   Claims 1 to 5 and 9 to 13 stand rejected under 35 U.S.C. § 103 as being                     
             unpatentable over Nesbitt4 in view of Horiuchi5.                                                  



                   3 Issued September 23, 2003.                                                                
                   4 U.S. Patent No. 4,431,193 which issued February 14, 1984 to Nesbitt.                      
                   5 U.S. Patent No. 5,222,739 which issued June 29, 1993 to Horiuchi et al. (Horiuchi).       








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